[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16565]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2009-0035]
Ethylene Oxide (EtO) Standard Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comments.
SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Ethylene Oxide
DATES: Comments must be submitted (postmarked, sent, or received) by
October 2, 2023.
Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at (202) 693-2350 (TTY
(877) 889-5627) for assistance in locating docket submissions.
Instructions: All submissions must include the agency name and OSHA
docket number (OSHA-2009-0035) for the Information Collection Request
(ICR). OSHA will place all comments, including any personal
information, in the public docket, which may be made available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates.
For further information on submitting comments, see the ``Public
Participation'' heading in the section of this notice titled
FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor;
telephone (202) 693-2222.
The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, the collection instruments are clearly understood, and
OSHA's estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain
such information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of effort in obtaining information (29
The following sections describe who uses the information collected
under each requirement, as well as how they use it.
The EtO Standard (29 CFR 1910.1047) specifies a number of paperwork
requirements. The following is a brief description of the collection of
information requirements contained in the standard.
The information collection requirements specified in the EtO
Standard protect workers from the adverse health effects that may
result from occupational exposure to ethylene oxide. The principal
information collection requirements in the EtO Standard include
conducting worker exposure monitoring, notifying workers of the
exposure, implementing a written compliance program, and implementing
medical surveillance of workers. Also, the examining physician must
provide specific information to ensure that workers receive a copy of
their medical examination results. The employer must maintain exposure-
monitoring and medical records for specific periods, and provide access
to these records by OSHA, the National Institute for Occupational
Safety and Health (NIOSH), the affected workers, and their authorized
representatives and other designated parties.
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions to
protect workers, including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection, and transmission techniques.
III. Proposed Actions
There is an overall adjustment decrease in burden hours for this
ICR. The burden hours have decreased a total of 1,005 hours (from
31,257 hours to 30,252 hours). The adjusted decrease is primarily due
to the estimated number of establishments covered by the standard.
OSHA will summarize the comments submitted in response to this
notice and will include this summary in the request to OMB to extend
the approval of the information collection requirements.
Type of Review: Extension of a currently approved collection.
Title: Ethylene Oxide Standard.
OMB Control Number: 1218-0108.
Affected Public: Business or other for-profits.
Number of Respondents: 2,026.
Number of Responses: 109,708.
Frequency of Responses: Initially, annually, on occasion.
Average Time per Response: Various.
Estimated Total Burden Hours: 30,252.
Estimated Cost (Operation and Maintenance): $5,129,858.
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax), if your comments, including
attachments, are not longer than 10 pages you may fax them to the OSHA
Docket Office at 202-693-1648; or (3) by hard copy. All comments,
attachments, and other material must identify the agency name and the
OSHA docket number for the ICR Docket No. OSHA-2009-0035. You may
supplement electronic submissions by uploading document files
Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as Social Security Numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download from this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office at (202) 693-2350, (TTY (877) 889-5627)
for information about materials not available from the website, and for
assistance in using the internet to locate docket submissions.
Authority and Signature
James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 8-2020
(85 FR 58393).
Signed at Washington, DC.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2023-16565 Filed 8-2-23; 8:45 am]
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